Employee taking the proverbial

[Chris Ashdown]

I have a employee who has worked for us over five years and is taking the P**s with days off here and there due to family problems

She has not worked a full month for the last year with problems that come up only on the day she is off with problems with the children about 8 and 11 or migraines etc, She is also a member of the wifes family but that's not in itself a problem in letting her go

My problem is when does it come to reasonable, i know we have a responsibility for allowing her care to her family etc, but i think she is just taking us for fools. She only works part time and any lost money is made up on tax credits so she does not loose out for missing a day here or there and never enough to require a doctors certificate just one or two days

Also claims unable to work extra when back at work to make up for work not done

Husband refuses to look after the kids

I am happy to do a written warning but not sure how to phrase it and basically how to get her to go without costing us a fortune

 

[Newchodge]

First of all, make sure you have watertight policies and procedures.

Then, check that you understand the right to time off in emergency to care for dependants.

Once you are past that, have a look at her absence pattern. Is there one?

Put together a chart showing how much time she has had off, and the reasons given.

Call her in for a discussion about it. Show her the chart and explain that you cannot sustain this level of absence. Ask if there is an underlying reason that you need to know about. Give her a target to meet - no absences for x months or you will move to the next stage of your procedure.

If she then takes time off, call her in again, refer to the previous meeting and give her a formal warning, again with a target that she must meet.

If she again fails call her in again, as above and give her a final warning, again targets etc.

It will take time.

My only concern would be "Husband refuses to look after the kids". That inidactes to me that she has problems at home.

 

[Chris Ashdown]

Thanks Cyndy

No more of a 1930's attitude to wives, but more downstairs to upstairs if you know what i mean

 

[Employment Law Clinic]

My problem is when does it come to reasonable, i know we have a responsibility for allowing her care to her family etc

Hi Chris,



The legal entitlement here covers time-off for emergencies, to care for dependants. It’s not entirely clear what the problem is here (surely at 8 & 11, they’re in school), but if the time-off is to care for the children, the law, strictly speaking, only allows for the arrangement for the provision of care – not to provide “care” (which is different to “assistance”), only to make arrangements for this.

If the current care arrangements (or lack thereof) mean she hasn’t worked a month in the last year, there has to be a question about whether this is currently suitable.

Husband refuses to look after the kids


I am happy to do a written warning but not sure how to phrase it and basically how to get her to go without costing us a fortune

It shouldn’t take a big effort or cost to either issue a warning, or get her dismissed. I would expect that within a few months, you’d either have her back to attending regularly, or be ready for dismissal at the next random absence.

I am happy to do a written warning but not sure how to phrase it and basically how to get her to go without costing us a fortune

It’s not clear from your post – due to the precise reasons for absence – whether this is a capability issue (sick leave) or other. But a standard invitation to a meeting, with reasons this is being held – what is being considered – would be fine. I believe you’ll find templates on the ACAS website, and these serve fine for this purpose.



Karl Limpert

 

[Chris Ashdown]

Many thanks Carl, I will look it up